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Racial profiling

Racial profiling is the act of suspecting or targeting a 1.2 Legality


person of a certain race based on a stereotype about their
race.[1] According to Minnesota House of Representa-
tives analyst Jim Cleary, “there appear to be at least two In 1996 the U.S. Supreme Court ruled in U.S. v. Arm-
clearly distinguishable definitions of the term 'racial pro- strong that disparity in conviction rates is not uncon-
filing': a narrow definition and a broad definition... Un- stitutional in the absence of data that “similarly sit-
der the narrow definition, racial profiling occurs when uated” defendants of another race were disparately
a police officer stops, questions, arrests, and/or searches prosecuted,[5][6] overturning a 9th Circuit Court ruling
someone solely on the basis of the person’s race or ethnic- that was based on “the presumption that people of all
ity... Under the broader definition, racial profiling occurs races commit all types of crimes – not with the premise
whenever police routinely use race as a factor that, along that any type of crime is the exclusive province of any
with an accumulation of other factors, causes an officer particular racial or ethnic group”, waving away challenges
to react with suspicion and take action.”[2] based on the Fourth Amendment of the U.S. Constitution
which guarantees the right to be safe from search and
seizure without a warrant (which is to be issued “upon
probable cause”), and the Fourteenth Amendment which
requires that all citizens be treated equally under the law.
1 In the United States To date there have been no known cases in which any U.S.
court dismissed a criminal prosecution because the de-
fendant was targeted based on race. This Supreme Court
See also: Airport racial profiling in the United States decision doesn't prohibit government agencies from en-
acting policies prohibiting it in the field by agents and
According to the American Civil Liberties Union employees.
(ACLU), “racial profiling” refers to the practice by law In his February 27, 2001 address to a Joint Session of
enforcement officials of targeting individuals for suspi- Congress, President George W. Bush declared: “Racial
cion of crime based on the individual’s race, ethnicity, profiling is wrong, and we will end it in America. In
religion or national origin. Criminal profiling, generally, so doing, we will not hinder the work of our nation’s
as practiced by police, is the reliance on a group of char- brave police officers. They protect us every day – often
acteristics they believe to be associated with crime. Ex- at great risk. But by stopping the abuses of a few, we will
amples of racial profiling are the use of race to determine add to the public confidence our police officers earn and
which drivers to stop for minor traffic violations (com- deserve.”[7]
monly referred to as “driving while black or brown”), or
the use of race to determine which pedestrians to search In June 2001 the Bureau of Justice Assistance, a com-
for illegal contraband.”[3] Examples of racial profiling ponent of the Office of Justice Programs of the United
on ethnic groups in the U.S. include African Americans States Department of Justice, awarded a Northeastern re-
– gangs, Chinese Americans – espionage, Hispanic and search team a grant to create the web-based Racial Pro-
Latinos – illegal immigration, Arab and Muslims/South filing Data Collection Resource Center. It now main-
Asians – Terrorism, and Jews - conspiracy theories. tains a website designed to be a central clearinghouse
for police agencies, legislators, community leaders, so-
cial scientists, legal researchers, and journalists to access
information about current data collection efforts, legis-
lation and model policies, police-community initiatives,
1.1 History and methodological tools that can be used to collect and
analyze racial profiling data. The website contains infor-
The existence of racial profiling dates back to slavery. In mation on the background of data collection, jurisdictions
1693, Philadelphia’s court officials gave police legal au- currently collecting data, community groups, legislation
thority to stop and detain any Negro (freed or enslaved) that is pending and enacted in states across the country,
seen wandering in and around on the streets. This dis- and has information on planning and implementing data
criminatory practice continued through the Jim Crow era collection procedures, training officers in to implement
and now in the twenty-first century. Racial profiling has these systems, and analyzing and reporting the data and
been alleged to be prevalent across cities in the U.S.[4] results.[8]

1
2 1 IN THE UNITED STATES

In June 2003 the Department of Justice issued its Guid- of probability in order to determine one’s criminality.[14]
ance Regarding the Use of Race by Federal Law Enforce- This system focuses on controlling crime with swift judg-
ment Agencies forbidding racial profiling by federal law ment, bestowing full discretion on police to handle what
enforcement officials.[9] they perceive as a threat to society.[14] The use and sup-
Several U.S. states now have reporting requirements for port of racial profiling has surged in recent years, namely
incidents of racial profiling. Texas, for example requires in North America due to heightened tension and aware-
all agencies to provide annual reports to its Law Enforce- ness following the events of 9/11.[15] As a result, the is-
ment Commission. The requirement began on September sue of profiling has created a debate that centers on the
values of equality and self-defense.[15] Supporters uphold
1, 2001, when the State of Texas passed a law to require
all law enforcement agencies in the State to begin collect- the stance that sacrifices must be made in order to main-
tain national safety, even if it warrants differential treat-
ing certain data in connection to traffic or pedestrian stops
beginning on January 1, 2002. Based on that data, the law ment.[15]
mandated law enforcement agencies to submit a report According to a 2011 survey by Rasmussen Reports, a ma-
to the law enforcement agencies’ governing body begin- jority of Americans support profiling as necessary “in to-
ning March 1, 2003 and each year thereafter no later than day’s society”.[16][17][18]
March 1. The law is found in the Texas Code of Crimi- In December 2010, Fernando Mateo, then president of
nal Procedure beginning with Article 2.131.[10] Addition- the New York State Federation of Taxi Drivers, made
ally, on January 1, 2011, all law enforcement agencies some pro-racial profiling remarks in the case of gun-shot
began submitting annual reports to the Texas State Law taxi-cab driver: “You know sometimes it’s good that we
Enforcement Officers Standards and Education Commis- are racially profiled because the God’s-honest truth is that
sion. The submitted reports can be accessed on the Com- 99 percent of the people that are robbing, stealing, killing
mission’s website for public review.[11] these drivers are blacks and Hispanics.” “Clearly every-
one knows I'm not racist. I'm Hispanic and my father is
1.2.1 Arizona SB 1070 black. ... My father is blacker than Al Sharpton.”[19]

Main article: Arizona SB 1070


1.4 Criticism
In April 2010, Arizona enacted SB 1070, a law that would Critics of racial profiling argue that the individual rights
require law-enforcement officers to verify the citizenship of a suspect are violated if race is used as a factor in that
of individuals they stop if they have reasonable suspicion suspicion. Notably, civil liberties organizations such as
that they may be in the United States illegally. The law the American Civil Liberties Union (ACLU) have labeled
states that “Any person who is arrested shall have the per- racial profiling as a form of discrimination, stating, “Dis-
son’s immigration status determined before the person is crimination based on race, ethnicity, religion, nationality
released”. United States federal law requires that all ille- or on any other particular identity undermines the ba-
gal immigrants who remain in the United States for more sic human rights and freedoms to which every person is
than 30 days are to register with the U.S. government and entitled.”[20]
to have all registration documents with them at all time.
Arizona made it a misdemeanor crime for an illegal im- Conversely, those in opposition of the police tactic em-
migrant 14 years of age and older to be found without ploy the teachings of the due process model, arguing that
carrying these documents at all times. This came about minorities are not granted equal rights and are thus sub-
because there was an establish trend from persons who fit ject to unjust treatment.[14] In addition, some argue that
into this ethnicity. the singling out of individuals based on their ethnicity
comes in violation of the Rule of Law, having voided all
According to SB 1070, law-enforcement officials may not instance of neutrality.[15] Those in opposition also make
consider “race, color, or national origin” in the enforce- note of the role that the news media plays within the con-
ment of the law, except under the circumstances allowed flict. The general public internalizes much of its knowl-
under the United States and Arizona constitutions.[12] In edge from the media, relying on sources to convey infor-
June 2012, the majority of SB 1070 was struck down by mation of events that transpire outside of their immediate
the United States Supreme Court, while the provision al- domain.[21] In conjunction with this power, media outlets
lowing for an immigration check on detained persons was are aware of the public’s intrigue with controversy and
upheld.[13] have been known to construct headlines that entail moral
panic and negativity.
1.3 Support In 2006, 18 young men from the GTA were charged with
conspiring to carry out a series of bombings and behead-
Supporters defend the practice of racial profiling by em- ings, resulting in a swell of media coverage.[21] Two me-
phasizing the crime control model.[14] They claim that the dia narratives stood out with the former claiming that a
practice is both efficient and ideal due to utilizing the laws militant subculture was forming within the Islamic com-
1.5 In practice 3

munity while the latter attributed the case to a bunch of been proposed with the intent of ending racial pro-
deviant youth who had too much testosterone brewing.[21] filing in traffic stops. There have been many states
Eventually, it was revealed that government officials had that have begun collecting data on the details of the
been tracking the group for some time, having supplied traffic stops in order to monitor racial profiling. Pro-
the youth with the necessary compounds to create explo- filing is on an individual basis and it is difficult to
sives, prompting critics to discern whether the whole situ- pinpoint the cause of arrests or stops since the stud-
ation was a set-up.[21] Throughout the case, many factors ies allow officers to change their behavior accord-
were put into question but none more than the Muslim ingly. For example, in the court case of City of
community who faced much scrutiny and vitriol due to Los Angeles v. Lyons, Adolf Lyons was stopped by
the build-up of negative headlines stemming from the police officers because of a faulty taillight; police
media.[21] officers choked him until he was unconscious.[26]
Responding to such criticisms are local community Plaintiffs in the case promoted equality yet it was
ultimately dependent on appearance and race. In a
groups who seek to collect data, analyze trends and how
they might correspond to public perceptions of profiling, recent journal comparing the 1990s to the present,
studies have established that when the community
and solicit ideas aimed at diminishing cultural and racial
biases.[22] criticized police for targeting the black community
during traffic stops it received more media coverage
and toned down racial profiling. However, whenever
there was a significant lack of media coverage or
1.5 In practice concern with racial profiling, the amount of arrests
and traffic stops for the African-American commu-
• In December 2001, an American citizen of Mid- nity would significantly rise again.[27]
dle Eastern descent named Assem Bayaa cleared all
the security checks at Los Angeles airport and at-
tempted to board a flight to New York City. Upon 1.5.1 NYPD Demographics Unit
boarding, he was told that he made the passen-
gers uncomfortable by being on board the plane and Between 2003 and 2014, the New York City Police De-
was asked to leave. Once off the plane, he wasn't partment (NYPD) operated the Demographics Unit (later
searched or questioned any further and the only con- renamed Zone Assessment Unit) which mapped commu-
solation he was given was a boarding pass for the nities of 28 “ancestries of interest”, including those of
next flight. He filed a lawsuit on the basis of dis- Muslims, Arabs, and Albanians. Plain-clothed detectives
crimination against United Airlines. United Airlines were sent to public places such as coffee shops, mosques
filed a counter motion which was dismissed by a dis- and parks to observe and record the public sentiment,
trict judge on October 11, 2002. In June 2005, the as well as map locations where potential terrorists could
ACLU announced a settlement between Bayaa and “blend in”. In its 11 years of operation, however, the unit
United Airlines who still disputed Bayaa’s allega- did not generate any information leading to a criminal
tions, but noted that the settlement “was in the best charge. A series of publications by the Associated Press
interest of all”.[23] during 2011–12 gave rise to public pressure to close the
unit, and it was finally disbanded in 2014.[28]
• In the case of racial profiling drivers, the ethnic
backgrounds of drivers stopped by traffic police in
the US suggests the possibility of biased policing 1.5.2 Urban communities
against colored drivers.[24] Black drivers felt that
they were being pulled over by law enforcement of- Some believe that inner city residents of Hispanic com-
ficers simply because of their skin color. However, munities are subjected to racial profiling because of the-
some argue in favor of the “veil of darkness” hy- ories such as the “gang suppression model”. The “gang
pothesis, which states that police are less likely to suppression model” is believed by some to be the basis
know the race of a driver before they make a stop for increased policing, the theory being based on the idea
at nighttime as opposed to in the daytime. Refer- that Latinos are violent and out of control and are there-
ring to the veil of darkness hypothesis, it is suggested fore “in need of suppression”.[29] Based on research, the
that if the race distribution of drivers stopped during criminalization of a people can lead to abuses of power
the day differs from that of drivers stopped at night, on behalf of law enforcement.[29]
officers are engaging in racial profiling. For exam- Research through random sampling in the South Tucson,
ple, in one study done by Jeffrey Grogger and Greg Arizona area has established that immigration authori-
Ridgeway, the veil of darkness hypothesis was used ties sometimes target the residents of barrios with the
to determine whether or not racial profiling in traffic use of possibly discriminatory policing based on racial
stops occurs in Oakland, California. The conductors profiling.[29] Author Mary Romero writes that immigra-
found that there was little evidence of racial profiling tion raids are often carried out at places of gathering and
in traffic stops made in Oakland.[25] Legislation has cultural expression such as grocery stores based on the
4 1 IN THE UNITED STATES

fluency of language of a person (e.g. being bilingual es- 1.8 Law enforcement
pecially in Spanish) and skin color of a person.[30] She
goes on to state that immigration raids are often con- Racial profiling not only occurs on the streets but also in
ducted with a disregard for due process, and that these many institutions. Much like the book Famous all over
raids lead people from these communities to distrust law Town where the author Danny Santiago mentions this
enforcement.[30] type of racism throughout the novel. According to Jes-
per Ryberg’s 2011 article “Racial Profiling And Crimi-
nal Justice” in the Journal Of Ethics, “It is argued that,
1.6 Islamophobia given the assumption that criminals are currently being
punished too severely in Western countries, the appre-
Main article: Islamophobia hension of more criminals may not constitute a reason
in favor of racial profiling at all.” It has been stated in
a scholarly journal that for over 30 years the use of
racial and/or demographic profiling by local authorities
1.6.1 In practice and higher level law enforcement’s continue to proceed.
NYPD Street cops use racial profiling more often, due to
The September 11, 2001 attacks on the World Trade Cen- the widespread patterns. They first frisk them to check
ter and the Pentagon have led to targeting of some Mus- whether they have enough evidence to be even arrested
lims and Middle Easterners as potential terrorists and, ac- for the relevant crime. “As a practical matter, the stops
cording to some, are targeted by the national government display a measurable racial disparity: black and Hispanic
through preventive measures similar to those practiced by people generally represent more than 85 percent of those
local law enforcement.[31] The national government has stopped by the police, though their combined popula-
passed laws, such as the Patriot Act of 2001, to increase tions make up a small share of the city’s racial compo-
surveillance of potential threats to national threat as a re- sition."(Baker)
sult of the events that occurred during 9/11.[32] It is ar-
gued that the passage of these laws and provisions by the
national government leads to justification of preventative 1.9 Some general examples of racial profil-
methods, such as racial profiling, that has been contro- ing by police
versial for racial profiling and leads to further minority
distrust in the national government.[31] One of the tech- A few examples of racial profiling by police may include:
niques used by the FBI to target Muslims was monitoring
100 mosques and business in Washington DC and threat- • An African American man standing on a corner
ened to deport Muslims who did not agree to serve as waiting for a bus is stopped and questioned regard-
informers.[31] The FBI denied to be taking part in blan- ing why he is standing there and where he is going.
ket profiling and argued that they were trying to build trust
within the Muslim community.[31] • A Hispanic driver is stopped in a “white” neighbor-
hood because he “doesn't belong there” or “looks out
The events of 9/11 also led to restrictions in immigration of place.”
laws.[31] The U.S. government imposed stricter immigra-
tion quotas to maintain national security at their national • Latino residents experienced racial affronts targeted
borders. In 2002, men over sixteen years old who entered at their race indicated by skin-color, bilingual speak-
the country from twenty-five Middle Eastern countries ing abilities (or inability to speak or understand En-
and North Korea were required to be photographed, fin- glish), or shopping in neighborhoods highly popu-
gerprinted, interviewed and have their financial informa- lated by Latinos. During immigration inspections,
tion copied, and had to register again before leaving the individuals stopped were demeaned, humiliated and
country[31] under the National Security Entry-Exit Reg- embarrassed.[35]
istration System. No charges of terrorism resulted from
the program, and it was deactivated in April 2011.[33] • A group of black teenagers are pulled over because
of the kind of car they are driving.
• A white man waiting in a car in a “ghetto” neighbor-
1.7 Criminal profiling hood is stopped and questioned about buying drugs.

When confronted with accusations of racial profiling the


police claim that they do not participate in it. They claim 1.10 Racial profiling in practice
that they use numerous factors (such as race, interactions,
and dress) to determine if a person is involved in criminal On September 14, 2001 three days after the September
activity. They further claim that the job of policing is far 11th attacks, an Indian American motorist and three fam-
more imperative than to concerns of minorities or interest ily members were pulled over and ticketed by a Mary-
groups claiming unfair targeting.[34] land state trooper because their car had broken taillights.
1.11 Empirical evidence 5

(Which is a valid ticket) The trooper interrogated the fam- eral population, but that they were not searched more of-
ily, questioned them about their nationality, and asked for ten than Whites. The same study found that Whites were
proof of citizenship. When the motorist said that their more likely than African Americans to be “the subjects
passports were at home, the officer allegedly stated, “You of consent searches”, and that Whites were more likely
are lying. You are Arabs involved in terrorism.” He or- to be ticked or arrested than minorities, while minorities
dered them out of the car, had them put their hands on the were more likely to be warned.[42] A 2002 study found
hood, and searched the car. When he discovered a knife that African Americans were more likely to be watched
in a toolbox, the officer handcuffed the driver and later re- and stopped by police when driving through white ar-
ported that the driver “wore and carried a butcher knife, a eas, despite the fact that African Americans’ “hit rates”
dangerous, deadly weapon, concealed upon and about his were lower in such areas.[43] A 2004 study analyzing
person.” The driver was detained for several hours but traffic stop data from suburban police department found
eventually released.[36][37] that although minorities were disproportionately stopped,
there is only a “very weak” relationship between race and
police decisions to stop.[44] Another 2004 study found
1.11 Empirical evidence that young black and Hispanic men were more likely
to be issued citations, arrested, and to have force used
Statistical data demonstrates, that although policing prac- against them by police, even after controlling for numer-
tices and policies vary widely across the United States, a ous other factors.[45] A 2005 study found that the percent
large disparity between racial groups in regards to traffic of speeding drivers who were black (as identified by other
stops and searches exists. However, whether this is due drivers) on the New Jersey Turnpike was very similar to
to racial profiling or the fact that different races are in- the percent of people pulled over for speeding who were
volved in crime in different rates, is still highly debated. black.[46] A 2004 study looking at motor vehicle searches
Based on academic search, various studies have been con- in Missouri found that unbiased policing did not explain
ducted regarding the existence of racial profiling in traf- the racial disparity in such searches.[47] In contrast, a
fic and pedestrian stops. For motor vehicle searches aca- 2006 study examining data from Kansas concluded that
demic research showed that the probability of a successful its results were “consistent with the notion that police in
search is very similar across races. This suggests that po- Wichita choose their search strategies to maximise suc-
lice officers are not motivated by racial preferences but cessful searches,”[48] and a 2009 study found that racial
by the desire to maximize the probability of a successful disparities in people being searched by the Washington
search. Similar evidence has been found for pedestrian state patrol was “likely not the result of intentional or
stops, with identical ratios of stops to arrests for different purposeful discrimination.”[49] Another 2009 study found
races.[38][39] The studies have been published in various that police in Boston were more likely to search if their
Academic Journals aimed towards Academic profession- race was different from that of the suspect, in contrast to
als as well practitioners such as law enforcers. Some of what would be expected if discrimination was occurring
these journals include, Police Quarterly and the Journal (which would be that police search decisions are inde-
of Contemporary Criminal Justice, so that both sides of pendent of officer race).[50] A 2013 study found that po-
the argument are present and evaluated. Of those gath- lice were more likely to issue warnings and citations, but
ered the most noted study refuting racial profiling was the not arrests, to young black men.[51] A 2014 study analyz-
conducted using the veil of darkness hypothesis stating ing data from Rhode Island found that blacks were more
that it will be difficult, if not impossible, for officers to likely than whites to be frisked and, to a lesser extent,
discern race in the twilight hours. The results of this study searched while driving; the study concluded that “Biased
concluded that the ratio of different races stopped by New policing is largely the product of implicit stereotypes that
York cops is about the same for all races tested.[40] are activated in contexts in which Black drivers appear
out of place and in police actions that require quick deci-
Some of the most referenced organizations, who offer ev-
sions providing little time to monitor cognitions.”[52]
idence on the existence of racial profiling, are The Amer-
ican Civil Liberties Union, which conducted studies in As a response to the shooting of Michael Brown in
various major U.S. cities, and RAND. In a study con- Ferguson on August 9, 2014, the Department of Jus-
ducted in Cincinnati, Ohio, it was concluded that “Blacks tice recruited in September a team of criminal jus-
were between three and five times more likely to (a) be tice researchers to study racial bias in law enforce-
asked if they were carrying drugs or weapons, (b) be ment in five cities and to subsequently devise strategic
asked to leave the vehicle, (c) be searched, (d) have a recommendations.[53] In its March 2015 report on the
passenger searched, and (e) have the vehicle physically Ferguson Police Department, the Department of Justice
searched in a study conducted. This conclusion was based found that although only 67% of the population of Fer-
on the analysis of 313, randomly selected, traffic stop po- guson was black, 85% of people pulled over by police in
lice tapes gathered from 2003 to 2004.”[41] A 2001 study Ferguson were black, as were 93 percent of those arrested
analyzing data from the Richmond, Virginia Police De- and 90 percent of those given citations by the police.[54]
partment found that African Americans were dispropor-
tionately stopped compared to their proportion in the gen-
6 2 IN OTHER COUNTRIES

1.12 Public opinion there was “no excuse” for extra scrutiny of Middle East-
ern people.[57]
1.12.1 Perceptions of race and safety However, using data from an internet survey based ex-
periment performed in 2006 on a random sample of 574
In a particular study, Higgins, Gabbidon, and Vito studied adult university students, a study was conducted that ex-
the relationship between public opinion on racial profil- amined public approval for the use of racial profiling
ing in conjunction with their viewpoint of race relations to prevent crime and terrorism. It was found that ap-
and their perceived awareness of safety. It was found that proximately one third of students approved the use of
race relations had a statistical correlation with the legiti- racial profiling in general. Furthermore, it was found
macy of racial profiling. Specifically, results showed that that students were equally likely to approve of the use of
those who believed that racial profiling was widespread racial profiling to prevent crime as to prevent terrorism-
and that racial tension would never be fixed were more 33% and 35.8% respectively. The survey also asked re-
likely to be opposed to racial profiling than those who did spondents whether they would approve of racial profil-
not believe racial profiling was as widespread or that racial ing across different investigative contexts. It was found
tensions would be fixed eventually. On the other hand, in that 23.8% of people approved of law enforcement using
reference to perception of safety, the research concluded racial profiling as a means to stop and question someone
that one’s perception of safety had no influence on public in a terrorism context while 29.9% of people approved
opinion of racial profiling. Higgins, Gabbidon, and Vito of racial profiling in a crime context for the same situa-
acknowledge that this may not have been the case im- tion. It was found that 25.3% of people approved of law
mediately after 9/11, but state that any support of racial enforcement using racial profiling as a means to search
profiling based on safety was “short-lived”.[55] someone’s bags or packages in a terrorism context while
33.5% of people approved of racial profiling in a crime
context for the same situation. It was also found that
1.12.2 Influence of religious affiliation 16.3% of people approved of law enforcement wire tap-
ping a person’s phone based upon racial profiling in the
One particular study focused on individuals who self- context of terrorism while 21.4% of people approved of
identified as religiously affiliated and their relationship racial profiling in a crime context for the same situation. It
with racial profiling. By using national survey data from was also found that 14.6% of people approved of law en-
October 2001, researcher Phillip H. Kim studied which forcement searching someone’s home based upon racial
individuals were more likely to support racial profil- profiling in a terrorism context while 18.2% of people ap-
ing. The research concludes that individuals that iden- proved of racial profiling in a crime context for the same
tified themselves as either Jewish, Catholic, or Protestant situation.[57]
showed higher statistical numbers that illustrated support
The study also found that white students were more likely
for racial profiling in comparison to individuals who iden-
to approve of racial profiling to prevent terrorism than
tified themselves as non-religious.[56]
nonwhite students. However, it was found that white stu-
dents and nonwhite students held the same views about
racial profiling in the context of crime. It was also found
1.12.3 The context of terrorism and crime that foreign born students were less likely to approve of
racial profiling to prevent terrorism than non-foreign born
After the September 11, 2001 terrorist attacks on the students while both groups shared similar views on racial
United States, according to Johnson, a new debate con- profiling in the context of crime.[57]
cerning the appropriateness of racial profiling in the con-
text of terrorism took place. According to Johnson, prior
to the September 11, 2001 attacks the debate on racial
profiling within the public targeted primarily African-
2 In other countries
Americans and Latino Americans with enforced policing
on crime and drugs. The attacks on the World Trade Cen- 2.1 Canada
ter and the Pentagon changed the focus of the racial pro-
filing debate from street crime to terrorism. According Accusations of racial profiling of visible minorities who
to a June 4–5, 2002 FOX News/Opinion Dynamics Poll, accuse police of targeting them due to their ethnic back-
54% of Americans approved of using “racial profiling to ground is a growing concern in Canada. In 2005, the
screen Arab male airline passengers.” A 2002 survey by Kingston Police released the first study ever in Canada
Public Agenda tracked the attitudes toward the racial pro- which pertains to racial profiling. The study focused on
filing of Blacks and people of Middle Eastern descent. In in the city of Kingston, a small city where most of the in-
this survey, 52% of Americans said there was “no ex- habitants are white. The study showed that black skinned
cuse” for law enforcement to look at African Americans people were 3.7 times more likely to be pulled over by po-
with greater suspicion and scrutiny because they believe lice than white skinned people, while Asian people were
they are more likely to commit crimes, but only 21% said less likely to be pulled over than whites or blacks.[58] Sev-
2.3 Israel 7

eral police organizations condemned this study and sug- lawful and in violation of anti-discrimination provisions
gested more studies like this would make them hesitant in Art. 3 Basic Law and the General Equal Treatment Act
to pull over visible minorities. of 2006.[67]
Canadian Aboriginals are more likely to be charged
with crimes, particularly on reserves. The Canadian 2.3 Israel
crime victimization survey does not collect data on the
ethnic origin of perpetrators, so comparisons between Main article: Racial profiling in Israel
incidence of victimizations and incidence of charging
are impossible.[59] Although aboriginal persons make up
3.6% of Canada’s population, they account for 20% of In 1972, terrorists from the Japanese Red Army launched
Canada’s prison population. This may show how racial an attack that led to the deaths of at least 24 people at Ben
profiling increases effectiveness of police, or be a result of Gurion Airport. Since then, security at the airport has
racial profiling, as they are watched more intensely than relied on a number of fundamentals, including a heavy
others.[60] focus on what Raphael Ron, former director of security
at Ben Gurion, terms the “human factor”, which he gen-
In February 2010, an investigation of the Toronto Star eralized as “the inescapable fact that terrorist attacks are
daily newspaper found that black people across Toronto carried out by people who can be found and stopped by
were three times more likely to be stopped and docu- an effective security methodology.”[68] As part of its fo-
mented by police than white people. To a lesser extent, cus on this so-called “human factor,” Israeli security of-
the same seemed true for people described by police as ficers interrogate travelers using racial profiling, singling
having “brown” skin (South Asians, Arabs and Latinos) . out those who appear to be Arab based on name or phys-
This was the result of an analysis of 1.7 million contact ical appearance.[69] Additionally, all passengers, includ-
cards filled out by Toronto Police officers in the period ing those who do not appear to be of Arab descent, are
2003 - 2008.[61] questioned as to why they are traveling to Israel, fol-
The Ontario Human Rights Commission states that lowed by several general questions about the trip in or-
"police services have acknowledged that racial profiling der to search for inconsistencies.[70] Although numerous
does occur and have taken [and are taking] measures to civil rights groups have demanded an end to the profiling,
address [the issue], including upgrading training for of- the Israeli government maintains that it is both effective
ficers, identifying officers at risk of engaging in racial and unavoidable. According to Ariel Merari, an Israeli
profiling, and improving community relations”[62] (Grif- terrorism expert,[71] “it would be foolish not to use profil-
fiths, 2008, p. 311). Ottawa Police addressed this issue ing when everyone knows that most terrorists come from
and planned on implementing a new policy regarding offi- certain ethnic groups. They are likely to be Muslim and
cer racially profiling persons, “the policy explicitly forbids young, and the potential threat justifies inconveniencing
officers from investigating or detaining anyone based on a certain ethnic group.”[72]
their race and will force officers to go through training on
racial profiling”[63] (CTV News, 2011). This policy was
implemented after the 2008 incident where an African- 2.4 Mexico
Canadian woman was strip searched by members of the
Ottawa police. There is a video showing the strip search Mexico has been criticized for its immigration policy.
where one witnesses the black woman being held to the Chris Hawley of USA Today stated that “Mexico has a
ground and the having her bra and shirt cut ripped/cut law that is no different from Arizona’s”, referring to leg-
off by a member of the Ottawa Police Force which was islation which gives local police forces the power to check
released to the viewing of the public in 2010[64] (CTV documents of people suspected of being in the country
News, 2011). illegally.[73] Immigration and human rights activists have
also noted that Mexican authorities frequently engage in
racial profiling, harassment, and shakedowns against mi-
grants from Central America.[73]
2.2 Germany

As of February 2012 there has been a first court ruling 2.5 Spain
concerning racial profiling in German police policy. It
had at first been declared legal for police to make skin Racial profiling by police forces in Spain is thought to be
color and “non-German ethnic origin” criteria for the se- a common practice.[74]
lection of persons who will be asked for identification in
spot-checks for illegal immigrants.[65] However, in subse- A study by The University of Valencia found that people
quence to the ruling it was decided legal for a subject of of non-white aspect were up to ten times more likely to
such a spot-check to compare such policy to that of the SS be stopped by the police on the street. [75]
in public.[66] A higher court later declared the earlier de- Amnesty International accused Spanish authorities of us-
cision to be void and the racial profiling to have been un- ing racial and ethnic profiling, with police singling out
8 4 REFERENCES

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In 2011, The United Nations Committee on the Elimina-
tion of Racial Discrimination (CERD) urged the Spanish [8] “Racial Profiling Data Collection Resource Center”. The
government to take “effective measures” to ethnic profil- Institute on Race and Justice at Northeastern University.
ing, including the modification of existing laws and reg- 201. Retrieved March 31, 2011.
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[9] “Threat and Humiliation: Racial Profiling, National Se-
In 2013, the UN Special Rapporteur, Mutuma Ru- curity, and Human Rights in the United States”. Amnesty
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[12] Nier, Jason, Samuel Gaetner, et al. “Can Racial Pro-


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[17] Page, Susan (January 13, 2010). “Poll: Most support eth-
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[18] “Arizona Immigration Law Has Broad Support Across


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[4] Staples, Robert (2011). “White Power, Black Crime, [22] Baird, Joel Banner. Vermont Group Readies Racial Pro-
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[5] “Cornell Law School”. Law.cornell.edu. Retrieved 2013- [23] “ACLU and United Airlines Announce Settlement of
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5 Resources
[61] “When good people are swept up with the bad”. Toronto • Jack Glaser. 2014. Suspect Race: Causes and
Star. 2010-02-06. Retrieved July 29, 2010. When good Consequences of Racial Profiling (Oxford Univer-
people are swept up with the bad - We're not trying to sity Press)
make any excuses for this. We recognize that bias in police
decision making is a big, big issue for us, and so we're • Jeff Shantz. 2010. Racial Profiling and Borders:
working really hard on it. International, Interdisciplinary Perspectives (Lake
Mary: Vandeplas).
[62] Griffiths, Curt (2008). Canadian Police Work. Toronto:
Nelson Education. p. 311. ISBN 0176424105. • Ronald Weitzer and Steven Tuch. 2006. Race
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[64] “Ottawa police introduce new racial profiling policy”.
• Ryberg, Jesper (2011). “Racial Profiling And Crim-
[65] “German Press Review on Court Ruling Allowing Police inal Justice”. Journal Of Ethics. 15 (1/2): 79–88.
Checks Based on Skin Color”. doi:10.1007/s10892-010-9098-3.
[66] “Anwaltskanzlei Sven Adam Polizei-, Ordnungs- und Ver- • Ruiz, James; Julseth, Jason W.; Winters, Kath-
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FBI Investigation?.”. International Journal Of Po-
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11

• Baker, Al. “Judge Declines to Dismiss Case Alleg-


ing Racial Profiling by City Police in Street Stops.”
The New York Times. Nytimes.com, 31 Aug. 2011.
Web. 26 Apr. 2012
• Jeff Shantz. 2010. Racial Profiling and Borders:
International, Interdisciplinary Perspectives (Lake
Mary: Vandeplas).

6 External links
• An Investigation by the Joint Legislative Task
Force on Government Oversight into Racial Profil-
ing Practices by the California Highway Patrol as
part of a program known as Operation Pipeline
• Bureau of Justice Criminal Offender Statistics

• Rational Profiling in America’s Airports (Law Re-


view Article)

• CBC backgrounder on racial profiling in Canada.


• “Ethnic Profiling: A Rational and Moral Frame-
work”, by Robert A. Levy (Cato Institute, October
2, 2001)

• “Racial Profiling in an Age of Terrorism”, By Pe-


ter Siggins (Markkula Center for Applied Ethics,
March 12, 2002)
12 7 TEXT AND IMAGE SOURCES, CONTRIBUTORS, AND LICENSES

7 Text and image sources, contributors, and licenses


7.1 Text
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Nate Silva, Montrealais, Fred Bauder, Stephen C. Carlson, Lquilter, Darkwind, H7asan, Efghij, Quizkajer, Dwo, Malbi, Freechild,
SEWilco, Aaronhill, Altenmann, Auric, Hadal, Arm, Guy Peters, David Gerard, Christopher Parham, Stefanfraczek, Wolfkeeper, Lode
Runner, Patrickdavidson, Khalid hassani, Stevietheman, Andycjp, Toytoy, Kjetil r, Loweeel, Rdsmith4, Necrothesp, Neutrality, Discospin-
ster, Solitude, Rich Farmbrough, Freestylefrappe, Crxssi, ESkog, Kaszeta, Mwanner, Maqsarian, Bobo192, Longhair, Smalljim, Cmdr-
jameson, Sam Korn, Alansohn, Liao, Transfinite, LtNOWIS, Apoc2400, Wtmitchell, Guy Montag, Axeman89, Bookandcoffee, Dd2,
Red dwarf, Hq3473, Wnjr, Tabletop, Someone42, Plrk, Eternalsleeper, Dysepsion, Graham87, Descendall, Robfergusonjr, BD2412, Can-
derson7, Sjö, Sjakkalle, Rjwilmsi, Jake Wartenberg, Vegaswikian, FuriousFreddy, Yamamoto Ichiro, Titoxd, Ud terrorist, Ground Zero,
RexNL, Ralphael, RasputinAXP, Le Anh-Huy, DVdm, Link2joon, Peter G Werner, RussBot, Edward Wakelin, Chris Capoccia, Wa-
hooker, Compossible, ONEder Boy, Moonbeast, Evilboy, Bucketsofg, JPMcGrath, Syrthiss, I'm me 101, Cheeser1, Drumsac, Bud001,
DRosenbach, Elkman, Jpeob, Daniel C, JoanneB, Nae'blis, MagneticFlux, NeilN, Maxamegalon2000, DVD R W, Borisbaran, Victor falk,
Sardanaphalus, Joshbuddy, SmackBot, Amcbride, Radak, Reedy, Stev0, Nouten, WilyD, Kintetsubuffalo, Basseq, Gilliam, Ohnoitsjamie,
Rgrizza, Andy M. Wang, RatherfordSkills, SlimJim, Full Shunyata, Chlopez, Oli Filth, Sadads, Yakuman, GoodDay, WikiPedant, Hood-
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